Middletown, RI * Zoning Ordinance Review Committee * Minutes Sept 12–Dec 12, 2005
September12, 2005

Attendees
(Underline indicates attended meeting)
John West, Chair Richard Adams, Secretary Richard Cambra Leo Keefe
Jack Maloney, Zoning Officer Bill Nash Claire Pimentel Geoff Regan
Robert Silva Barbara Schuster Ed Silveira, Council Liaison Ron Wolanski, Town Planner
Sam Hogan, Asst. Town Planner   
The meeting was called to order at 6:40 PM.  Attendees were as indicated above.
Previous Meeting Minutes
Review of the minutes from the 11 July meeting was deferred.
Organizational Items and Authority
The membership list was distributed and corrects and additions made.  Dick Adams asked that if you don’t get minutes and the latest ZO version from him by email, please let him know.  Barbara Schuster said she did not have email access.  The retirement of Jack Maloney as Middletown Zoning Officer was discussed.  Jack has been asked to complete work with the committee to make sure that his extensive knowledge and expertise is not lost.
John West provided an opinion from the RI Ethics Commission which indicated that no conflict of interest is created by Bob Silva’s service on the ZORC.  The opinion is attached.
Review Approach and Schedule
The schedule for both Zoning Ordinance Review and Commercial Design Standards was again discussed.  It was noted that the work of the Design Standards Subcommittee will probably not be complete until November or December.  Commercial design standards will not require significant revision of ZORC work.
Reference Materials
The Zoning Ordinance of 12-09-04 is the basis for review.  Title 45-24, Zoning, is available at http: //www.rilin.state.ri.us/Statutes/TITLE45/45-24/INDEX.HTM.
Meeting Schedule
ZORC meeting will be held on the second Monday of each month from 6:30 – 8:00 PM at the Middletown Library conference room.  The next meeting is 10 October.
Recommended Changes
Zoning Ordinance Changes
Note:  Recommended changes are shown in the current revised version of the ordinance.  The file name is:  Zoning Ordinance (12-09-04) Chap 1-8 Rev 8_13_05.doc and is the current working file distributed to committee members.
Global Changes.  It was noted that the organization of the Zoning Ordinance is inconsistent.  That is, the designation of subordinate paragraphs varies among Sections, and levels of indenture are inconsistent.  Dick Adams made the changes need to establish a consistent organization.  They are shown in the current revision.
Article 1.  Minor changes were made clarifying text and adding references to RI General Laws.  In general, when RIGL text is quoted or a section is required to conform to RIGL, a footnote has been added to indicate the applicable reference.  Section 101, item (16) was added indicate conformance with RIGL related to affordable housing.
Article 2.  Notes were added to indicate the text needs to be modified to reflect a 3rd Zoning Board alternate member if approved by the Town Council.  Global revisions were made to make the language gender neutral.  Zoning Board powers references were corrected.
Article 3.  Minor readability clarifications were made.  Section 304 Item M was changed to correct references.  Clarification language was inserted in Section 304A.  Sections should be renumbered to eliminate “A”.  All other corrections were grammatical or clarifications.
Article 4.  Minor clarifications and misspellings corrected.  Article 4 definitions were reviewed.  Comments from Ron Wolanski and committee members were incorporated.  To simplify the definitions, paragraph numbers were eliminated and definitions arranged in alphabetical order.  An APA book of definitions was obtained and will be compared with Ordinance definitions.  The committee will be advised of any recommended changes.
Article 5.  Item K was modified to include a note explaining LI (Adjacent to Residential) modification to LI.  Section 503 needs to be redrafted to provide guidance on how to divide lots with multiple zonings or simply authorize the Zoning Official to do so, which is current practice.
Article 6.  Line by line review of the Section 602 and 603 tables continued through the Governmental, Educational and Institutional on Privately Owned Land category.  Recommended changes are shown in the current working revision.
Other Related Changes
None
The meeting was adjourned at 8:45 PM.
Action Items
No new items were assigned.
No. Item Responsibility Status Due
8 Comparison of definitions section with definitions published in the American Planning Association’s “A Review of Zoning Definitions” Dick Adams In Process  
9    
Respectfully Submitted,

/s/ R. P. Adams
Dick Adams, ZORC Secretary



October 11, 2005

Attendees
(Underline indicates attended meeting)
John West, Chair Richard Adams, Secretary Richard Cambra Leo Keefe
Jack Maloney, Zoning Officer Bill Nash Claire Pimentel Geoff Regan
Robert Silva Barbara Schuster Ed Silveira, Council Liaison Ron Wolanski, Town Planner
Sam Hogan, Asst. Town Planner Jack Kane, Zoning Officer  
The meeting was called to order at 6:35 PM.  Attendees were as indicated above.
Previous Meeting Minutes
Minutes from the 12 September meeting were approved.
Organizational Items and Authority
Jack Maloney was welcomed back to the committee and congratulated on his retirement.  Jack said he would continue to work with the committee.  John West expressed his appreciation to Jack for continuing to serve on the committee.
The committee resumed discussion to Section 600 tables and the impact commercial design standards might have on the tables.  Ron Wolanski indicated that the changes to the tables would be minor and would consist primarily of changes to building setback distances.
Review Approach and Schedule
The committee agreed that work on the remaining sections should go quickly once the tables were reviewed.  No specific deadline for completion was set, although it was noted it should be after the commercial design standards committee finishes it’s work.
Reference Materials
The Zoning Ordinance of 12-09-04 is the basis for review.  Title 45-24, Zoning, is available at http: //www.rilin.state.ri.us/Statutes/TITLE45/45-24/INDEX.HTM.
Meeting Schedule
ZORC meeting will be held on the second Monday of each month from 6:30 – 8:00 PM at the Middletown Library conference room.  The next meeting is 14 November.
Recommended Changes
Zoning Ordinance Changes
Note:  Recommended changes are shown in the current revised version of the ordinance.  The file name is: Zoning Ordinance (12-09-04) Chap 1-10 Rev 11_14_05.doc and is the current working file distributed to committee members.
Global Changes.  It was noted that the organization of the Zoning Ordinance is inconsistent.  That is, the designation of subordinate paragraphs varies among Sections, and levels of indenture are inconsistent.  Dick Adams made the changes need to establish a consistent organization.  They are shown in the current revision.
Article 1.  Minor changes were made clarifying text and adding references to RI General Laws.  In general, when RIGL text is quoted or a section is required to conform to RIGL, a footnote has been added to indicate the applicable reference.  Section 101, item (16) was added indicate conformance with RIGL related to affordable housing.
Article 2.  Notes were added to indicate the text needs to be modified to reflect a 3rd Zoning Board alternate member if approved by the Town Council.  Global revisions were made to make the language gender neutral.  Zoning Board powers references were corrected.
Article 3.  Minor readability clarifications were made.  Section 304 Item M was changed to correct references.  Clarification language was inserted in Section 304A.  Sections should be renumbered to eliminate “A”.  All other corrections were grammatical or clarifications.
Article 4.  Minor clarifications and misspellings corrected.  Article 4 definitions were reviewed.  Comments from Ron Wolanski and committee members were incorporated.  To simplify the definitions, paragraph numbers were eliminated and definitions arranged in alphabetical order.  An APA book of definitions was obtained and will be compared with Ordinance definitions.  The committee will be advised of any recommended changes.
Article 5.  Item K was modified to include a note explaining LI (Adjacent to Residential) modification to LI.  Section 503 needs to be redrafted to provide guidance on how to divide lots with multiple zonings or simply authorize the Zoning Official to do so, which is current practice.
Article 6.  Line by line review of the Section 602 and 603 tables continued through the end of the section.  Recommended changes are shown in the current working revision.
Other Related Changes
None
The meeting was adjourned at 7:55 PM.
Action Items
No new items were assigned.
No. Item Responsibility Status Due
8 Comparison of definitions section with definitions published in the American Planning Association’s “A Review of Zoning Definitions” Dick Adams In Process  
9    
Respectfully Submitted,

/s/ R. P. Adams
Dick Adams, ZORC Secretary



December 12, 2005

Attendees
(Underline indicates attended meeting)
John West, Chair Richard Adams, Secretary Richard Cambra Leo Keefe
Jack Maloney Bill Nash Claire Pimentel Geoff Regan
Robert Silva Barbara Schuster Ed Silveira, Council Liaison Ron Wolanski, Town Planner
Sam Hogan, Asst. Town Planner Jack Kane, Zoning Officer  
The meeting was called to order at 6:30 PM.  Attendees were as indicated above.
Previous Meeting Minutes
Approvals of minutes from the 11 October meeting were deferred to the next meeting.  It was noted that the minutes are cumulative and describe the progressive work of the committee.
Organizational Items and Authority
The committee completed discussion through Section 600 tables and began the review of Article 7.  The primary focus of discussion was the impact commercial design standards might have on the Zoning Ordinance and the schedule for completing wok on the Zoning Ordinance review, including incorporation of commercial design standards.
Review Approach and Schedule
The committee generally agreed that commercial design standards should be reviewed as a part of the committee’s review of the Zoning Ordinance.  Discussion centered on whether or not the committee should ask that the commercial design standards hearing and review process now ongoing be suspended until the committee could complete a full review of proposed ordinance changes.  Specifically it was noted that most Zoning Ordinance experience was resident in the ZORC and no review of the proposed amendments by knowledgeable zoning official had been conducted.
The committee asked that John West send a letter to the Council requesting the commercial design standards review process be suspended and changes be subject to ZORC review and approval.  Dick Adams suggested that to do so would delay the implementation of design standards until the summer or fall of 2006.  He indicated that a better plan would be to allow the design standards amendment process to proceed on its own merits and the ZORC incorporate the amendment as an approved change to the Zoning Ordinance.  He said that Zoning experience input could be incorporated in the ongoing review process, delaying the scheduled hearing as necessary to obtain the needed input.
The committee agreed that the letter to the Council should be sent and the Council asked to incorporate the design standards hearing process in the overall Zoning Ordinance review.
Reference Materials
The Zoning Ordinance of 12-09-04 is the basis for review.  Title 45-24, Zoning, is available at http: //www.rilin.state.ri.us/Statutes/TITLE45/45-24/INDEX.HTM.
Meeting Schedule
The committee agreed that the frequency of ZORC meeting will be increased to twice a month.  A schedule will be published as soon as it is determined.  It was also suggested that the meeting be moved from the library which closes at 8:00 PM to increase their length.  No decision was made on this point.
Recommended Changes
Zoning Ordinance Changes
Note:  Recommended changes are shown in the current revised version of the ordinance.  The file name is: Zoning Ordinance (12-09-04) Chap 1-26 Rev 12_29_05_DSChgs.doc and is the current working file distributed to committee members.  Changes proposed to implement commercial design standards have been added o the baseline.  Stormwater amendment changes will be added as soon as the amendment is approved.  The stormwater ordinance changes ZO Articles 7 and 13 as well as Town Ordinance 151, 153, and Subdivision/Land Development Regulations.
Global Changes.  It was noted that the organization of the Zoning Ordinance is inconsistent.  That is, the designation of subordinate paragraphs varies among Sections, and levels of indenture are inconsistent.  Dick Adams made the changes need to establish a consistent organization.  They are shown in the current revision.
Article 1.  Minor changes were made clarifying text and adding references to RI General Laws.  In general, when RIGL text is quoted or a section is required to conform to RIGL, a footnote has been added to indicate the applicable reference.  Section 101, item (16) was added indicate conformance with RIGL related to affordable housing.
Article 2.  Notes were added to indicate the text needs to be modified to reflect a 3rd Zoning Board alternate member if approved by the Town Council.  Global revisions were made to make the language gender neutral.  Zoning Board powers references were corrected.
Article 3.  Minor readability clarifications were made.  Section 304 Item M was changed to correct references.  Clarification language was inserted in Section 304A.  Sections should be renumbered to eliminate “A”.  All other corrections were grammatical or clarifications.
Article 4.  Minor clarifications and misspellings corrected.  Article 4 definitions were reviewed.  Comments from Ron Wolanski and committee members were incorporated.  To simplify the definitions, paragraph numbers were eliminated and definitions arranged in alphabetical order.  An APA book of definitions was obtained and will be compared with Ordinance definitions.  The committee will be advised of any recommended changes.
Article 5.  Item K was modified to include a note explaining LI (Adjacent to Residential) modification to LI.  Section 503 needs to be redrafted to provide guidance on how to divide lots with multiple zonings or simply authorize the Zoning Official to do so, which is current practice.
Article 6.  Line by line review of the Section 602 and 603 tables continued through the end of the section.  Recommended changes are shown in the current working revision.
Article 7.  Minor typographical and grammatical changes were made.
Other Related Changes
Relevant supporting Subdivision/Land Development Regulation changes are shown in filename Subdiv. Regs. 1995-Revisions to Dec. 2004 Rev_Baseline_DSChgs_1.doc.
The meeting was adjourned at 7:56 PM.
Action Items

No. Item Responsibility Status Due
8 Comparison of definitions section with definitions published in the American Planning Association’s “A Review of Zoning Definitions” Dick Adams Comparison completed.  Requires review by the Planning Office TBD
9 Letter to Town Council asking that Commercial Design Standards amendment review be delayed and incorporated in Zoning Ordinance Review process. Claire Pimentel and John West Complete 13 Dec 05
Respectfully Submitted,

/s/ R. P. Adams
Dick Adams, ZORC Secretary